LoveToKnow Divorce:AllComments

From LoveToKnow Divorce

Comments

Ed,

I understand your situation, but until the child support order is changed to reflect your current financial situation, you are still obligated to make the payments as originally ordered.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I've been unemployed since April 3rd. My support payments were based on my previous income. I've filed a petition for review of monthy payments and have been able to pay the last few payments and am past due. Do I still have to pay the full amount that was based on my previous salary?

-- Contributed by: Ed

im in ny .my daughter is 19 goes to a nursing school part time.she is working part time makink $13,000-$15,000 yearly and has her own medical benifits through her job. do i still have to pay child support till she is 21?

-- Contributed by: vaughn

Raven,

If there is an order in place and he has not been paying, your mother go to court to have declared in contempt for not complying with the original order. She can ask the state child support agency for help to enforce the order. Another option is to hire a private agency to collect the unpaid support; in this case, they will charge a percentage of the amount collected as a fee.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

my mother and father were divorced in 2000.. my father has only paid child support 4 times since that date. How do we go about getting him to start again? He was ordered by the court to pay monthly and yet it has been 8 years and not a dime has been given to my mother. she is at her witts end and near the point of giving up. Is there anything you know to do that i can show her to help her?

-- Contributed by: raven

Amanda,

Your child's father has the right to visitation, unless it not in the child's best interests.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have a 19 month old daughter. Her father is not in her life nor is he on the birth certificate. I have struggled with taking him for child support for one reason. If I take him for child support after peternity is astablished, will he have rights over her?

-- Contributed by: Amanda

Renita,

You will need to consult a lawyer and bring a motion to amend the order for child support because of a material change in cir...stance.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

im different i pay child support for my son who is living with me cant find his father to stop the payments what do i need to do

-- Contributed by: renita

Shannon,

It is possible to do this on your own, but it ultimately be quicker and easier for you to hire a lawyer to represent you. You may want to contact your local Legal Aid office to see if you qualify. Another option is to see if your city has a community legal clinic. I don't know where you live, but this link will explain the procedure for modifying child support in Connecticut. It will give you an idea of the procedures involved:

http://www.larcc.org/pamphlets/children_family/modify_child_support_and_alimony.htm#Where%20to%20begin

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I currently have a court order for child support in Harris County Texas. I am currently trying to modify my child support to encrease the amount owned and to modify it to recognize that my son is disabled and need child support until he is no longer disabled. My sons father has just joined the Army. Is there away I can do this my self without having an attorney?

-- Contributed by: Shannon Shears

Barbara,

I would suggest that you find a family law attorney for your friend. The lawyer will need to see all of the paperwork for the child support payments, including the judgment for $18,000 and any other notices this man has received in connection with the case.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My friend was given a judgment to pay back child support in January of last year of $18,000. He had been paying up until Aug 2007 and got behind in his $175 per month payment plan. He was picked up last week for failure to pay and is in the county jail now. How does he find out how much he owes to get out of jail? He has the amount to pay in arrears of the payment plan which would be approximately $1400 dollars for 8 months. He can not call outside of the jail except by collect calls, so he can not call DHS to find out what to do. He is former military since 2005 and is trying to adjust back into society since leaving the military after 12 years.

Is there anyone who can help him? What are his options?

-- Contributed by: Barbara

Traci,

If your friend has been receiving money from her son's father all along, then she has been getting child support, even though no court order is in place. For advice about whether your friend can ask the Court to award retroactive child support in her situation, she should consult an attorney.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have friend who has a 17 year old son and has never asked for child support. Now she wants to get child support. Will the dad have to pay back years of child support. He's been giving money to the mom since the child was born (Ohio)

-- Contributed by: Traci

Donna,

If your son's father was ordered to pay support and did not do so, then the MDHS Division of Child Support should be able to help you collect it. If no child support order was ever issued, then your situation is more complicated. I would suggest that you contact an attorney to find out what your options would be in that case.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

My son is 27 years old and his father has never been a part of his life. He has a few other children that he has paid child support for his other children. He gave him a truck a couple of years ago but refuses to give the title. He never has paid child support for my son. We have been trying to get him to help his son but he refuse. He owes a total of $55,000 in child support but has refused to pay. Can we still collect the back child support from his father and how do we go about doing it in the state of Mississippi? We would really appreciate your advice in this matter.

-- Contributed by: donna brown

Naomi,

I would suggest that your friend's husband consult with a famiy law attorney before voluntarily submitting to a DNA test to find out what his rights and responsibilities would be in this situation. Then he will have the information he needs to decide how to proceed.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

My friend found out that her husband has a 17 year old child from a 3 week military affair with a woman in Germany. The son has found him on the internet, and after DNA testing with many other men now wants to be tested with him. My friend and her husband are torn. He never knew this child and the lady never made an attempt to contact him. Should he have the DNA test and if he does will he need to pay the child support for the last 17 years?

-- Contributed by: naomi

Hi Emerald Star,

I would suggest that you contact a lawyer with experience in estate law to find out whether you can make a claim against your late father's estate for the child support. The lawyer will need to know whether your father was ever ordered by the Court to pay child support for you.

Take care.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My parents have been divorced for quite sometime since the 1960s and my father never paid any support on me. He is dead now. Can I collect on the back support he never paid? I'm married and out of college. My mother's family never wanted me to do this but we need help and I want to try to get back what my father was supposed to be doing, which was being responsible.

-- Contributed by: Emerald Star

Hi porfiriorojas,

I can appreciate that this is a difficult situation for you. I would suggest that you hold off on making payments until the child's paternity can be determined. Yes, she can take legal action against you and ask the court to declare you the child's legal father and order support payments. The first thing you need to do is to find out whether the child is yours. You, your ex-girlfriend, and the child must have DNA testing done to find out for sure. If it turns out the child is yours, you have a legal responsibility to provide financial support until that child reaches the age of majority.

Please contact a family law attorney who can help you get this situation resolved.

Take care.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have been married for 8 years . all of a suddedn my ex girlfriend says she thinks the baby is mine from 8 years ago, can she pursue this matter legaly or can I give her monthly payments. what do I do, I havent even told my wife .....please call me 714-903-9039 porfirio rojas

-- Contributed by: porfiriorojas

There is a federal law on the books, the Non-Payment of Deadbeat Parents Punishment Act. Here is a link to some information about the law: http://www.divorcehq.com/articles/nonpayment.html

For information about your specific situation, I would suggest that you contact the Arizona Division of Child Support Enforcement for assistance. That agency would determine whether the case should be referred for criminal charges. Here's the link to their website: http://www.azdes.gov/dcse/mainfaqpage.asp

Good Luck.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Is there not a federal law ordering dead beat dads to get a job and pay their support ? I am owed over $40,000, I believe I have received $ 800 in the last 7 years. He works under the table for cash and is probably supported partially by someone else. HE has lived at the same location for over 6 years. Arizona states he doesn't show the ability to pay. Dah he works for cash no paper trail. Can't this case be referred for federal prosecution ?? Thanks

-- Contributed by: alf

You need to find a lawyer who can help you find out if there is a way to vary the support payments. Contact your local Legal Aid office to see if you qualify for assistance. If there is a law school in your city, students may be available to do legal work for a reduced fee. They would be under the supervision of an experienced attorney.

-- Contributed by: JCRedmond

due to my current circumstances there is no way possible to make my support payments and continue to barely survive on my wages. the judge awarded her over half of my net. due to default dont know what to do

-- Contributed by: jimmy declue
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